Criminal Procedure A - Kobil

A. First Two Classes (August 25 and August 28)--INTRODUCTION; DUE PROCESS (Also, please register for this TWEN course as I will be posting various materials here).

pp. 3-12; 21-33; 35-42; 51-55; 60-62 (Wice excerpt); 70-77; 81-97; Article by Nick Paumgarten, “Here’s Looking at You” published in The NewYorker on May 14, 2012 ( You can find this on the web at http://www.newyorker.com/magazine/2012/05/14/heres-looking-at-you) . We will begin by considering why the Constitution includes certain provisions which, as we are frequently reminded, benefit criminals? In a society devoted to preserving order and personal security, why prohibit unreasonable searches or compelled self-incrimination? What limits should there be on the use of technology by the government to obtain information about people?

Thursday pp. 97-113 (we will discuss, briefly, the holding of Hamdi, found at pp. 114-127, but I will not ask you to reread this case since most of you have already covered it in Constitutional Law).

I. Book required:

Allen, Stuntz, Hoffman, Livingston, & Leipold, Criminal Procedure: Investigation and Right to Counsel (2nd Ed. Aspen, 2011) (ISBN 978-0-7355-8780-9). If you get a better deal or a used copy, you may wish instead to buy the 2011 hardcover edition, Comprehensive Criminal Procedure, by the same authors. The 2011 hardcover IS LABELED THE “3RD EDITION” (BUT THE PAPERBACK IS LABELED AS THE “2ND EDITION.”) It is longer and more expensive (gauged by list price), but has almost identical pagination to the soft-cover book I have assigned for the “Investigation” materials.

Book Recommended

Dressler & Michaels, Understanding Criminal Procedure—Volume 1: Investigation (6th ed. 2013)(LexisNexis). I will not make specific assignments in this book, but many students have found it to be helpful as it covers much of the materials in our casebook in a concise manner.